Prince William Virginia Family Lawyers

There are two components of Virginia’s juvenile law: On the one hand, the juvenile dependency system protects children from abuse or neglect on the part of their parents or guardians. On the other hand, it also deals with misconduct that involves children who have been arrested for committing crimes.

In most cases, young people are treated very differently than adults in the criminal justice system. Although there are cases in which children are judged as adults, most of those under 18 will be accused of minors. The most notable distinction between the juvenile law and the adult justice system is that the juvenile system puts much more emphasis on rehabilitation. Another difference is that minors are only entitled to a jury trial on appeal after they have been found guilty or “criminals.” A similarity between juvenile and adult justice systems is that children have the constitutional right to be represented by a Fairfax juvenile defense attorney.

If drug charges are implemented on your child, and he is arrested, then you can get more information about our Fairfax drug lawyers. If your child has been charged with property destruction, you can get more information about our Fairfax property destruction attorney.

After a Child is Arrested, When Will They Appear in the Fairfax County Juvenile Court?

As a Fairfax juvenile defense attorney, I often receive this question, and the answer is that the Fairfax County Juvenile Court, like the juvenile courts in almost every other county in Virginia, follows the standard procedure of the juvenile law of Virginia. That procedure is the following:

If a child has been arrested and taken into custody, the Virginia juvenile law requires that the child is immediately released to a parent or guardian or held in custody until it appears in the Fairfax County juvenile court. If the child is not released immediately, then the juvenile process will begin with a detention hearing to know that if the child is in custody until the case is finished. By Virginia law and juvenile procedure, this hearing must occur within three days of the child being taken into custody. If your child is facing a hearing, it is imperative that you contact a Fairfax juvenile defense attorney immediately.

To determine whether a child should be released to their parents or guardians, a judge of the Fairfax County Juvenile Court must consider the intensity of crime of the offense. If there is any previous crime and if the release of the child can represent an unreasonable risk of danger to others or the life or health of the child. Using your best judgment and absolute discretion, a judge will determine whether to keep a child in custody until the end of the case or will immediately hand it over to your parent. If you hire a Fairfax juvenile defense lawyer, then mostly child will be released. 

Virginia Juvenile Trial Procedure

In the trial, the judge will act as fact finder and make the final decision of whether the child is guilty or not. Like a trial of an adult offender, Virginia’s juvenile law requires the prosecution to prove that the child is guilty beyond a reasonable doubt. If charges are declared, the child will be sentenced to probation, fines, transfer to a foster home. If the petition is withdrawn, no sentence will be imposed.

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